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Patna High CourtCWJC/8553/2018disposed

Jai Prakash Sah And ORS v. The State Of Bihar And ORS

2018-05-07Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8553 of 2018 ======================================================

1. Jai Prakash Sah Son of Late Ram Sagar Sah Resident of Village - Fatehpur Saraia, P.S. - Manjhi, District - Saran, at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Kawroo, Dhawroo, Anchal - Manjhi, District - Saran.

2. Vijay Kumar Sah Son of Shri Lal Babu Sah Resident of Village - Bishunpura, Police Station - Jalalpur, District - Saran At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Mangolapur Mathia, Anchal - Jalalpur, District - Saran.

3. Sudama Prasad Sah Son of Shri Kanhaiya Prasad Sah Resident of Village - Parsa Garh, Police Station - Ekma, District - Saran, At present posted and working as An Assistant Teacher in Govt. Middle School Samhota, Anchal - Jalalpur, District - Saran.

4. Rama Nand Sah Son of Late Ramayan Sah Resident of Village - Nawada Mathiya, Post Office - Nawada, P.S. - Jalalpur, District - Saran. At present posted and working as an Assistant Teacher in Govt. Primary School Sawari Bazar, Anchal - Jalalpur, District - Saran.

5. Jitendra Kumar Sah Son of Shri Ram Lakshan Sah Resident of Village - Rasulpur, Police Station - Derani, District - Saran. At present posted and working as as Assistant Teacher in Govt. Middle School Banauta, Anchal - Parsa, District - Saran.

6. Lal Babu Sah Son of Shri Baldeo Sah Resident of Village - Senduar, Post Office - Dayalpur, Police Station - Janta Bazar, District - Saran, At present posted and working as an Assistant Teacher in Govt. Adarsh Middle School Ashoiyan, Anchal - Marhaura, District - Saran.

7. Nayan Kumar Son of Shri Chandrama Sah Resident of Village - Indauli, Post Office + Police Station - Maharajganj, District - Siwan, At present posted and working as an Assistant Teacher in Govt. Middle School Bardahiya, Anchal - Marhaura, District Saran.

8. Prem Sah Son of late Gopichad Sah Resident of Village- Indauli, Post Office+Police Station- Maharajganj, District- Siwan, at Present Posted and Working as an Assistant Teacher in Govt. Middle School Dumduma, Anchal- Masrakh, District- Saran.

9. Rameshwar Sah Son of late Yogi Lal Sah Resident of VillageSikatia, Police Station- Maharajganj, District- Siwan. At Present Posted and working as an Assistant Teacher in Govt. Primary School Kailatola, Anchal- Saraiya, District- Muzaffarpur.

10. Sheoji Sah Son of late Chulhan Sah Resident of Village- Manjhi Bhattoli, Police Station- Manjhi, District- Chapra, At Present Posted and Working as an Assistant Teacher in Govt. Primary School Shishushala, Bakhra, Anchal- Saraiya, DistrictMuzaffarpur. 11.Shatrughn Kumar Sah Son of late Ram Sagar Sah Resident of Village- Sadhpur Balli, Police Station- Kopa, District- Saran, At Present Posted and working as an Assistant Teacher in Govt.

Patna High Court CWJC No.8553 of 2018(2) dt.07-05-2018 2/3 Upgraded Middle School Narghoghi, AnchalSarairanjan,District- Samastipur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Principal Secretary, Finance Department, Government of Bihar, Patna.

4. The Director, Primary Education, Bihar, Patna.

5. The District Education Officer, Saran.

6. The District Education Officer, Muzaffarpur.

7. The District Education Officer, Samastipur.

8. The District Programme Officer(Establishment), Saran.

9. The District Programme Officer(Establishment) Muzaffarpur.

10. The District Programme Officer(Establishment) Samastipur.

11. The Block Education Officer, Manjhi, District- Saran.

12. The Block Education Officer, Jalalpur, District- Saran.

13. The Block Education Officer, Parsa, District- Saran.

14. The Block Education Officer, Marhaura, District- Saran.

15. The Block Education Officer, Masrakh, District- Saran.

16. The Block Education Officer, Saraiya, District- Muzaffarpur.

17. The Block Education Officer, Sarairanjan, District- Samastipur.

18. The District Accounts Officer, Saran.

19. The District Treasury Officer, Saran.

20. The District Accounts Officer, Muzaffarpur.

21. The District Treasury Officer, Muzaffarpur.

22. The District Accounts Officer, Samastipur.

23. The District Treasury Officer, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

Mr. Subhash Chandra Mishra- Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-05-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Mr. Umesh Kumar Mishra, learned counsel for the petitioners submits that the case of the petitioners is fully covered by Annexures-5 i.e. order dated 31.03.2011 in C.W.J.C. No. 6139 of 2007 and Annuexre-10, the order passed by the

Patna High Court CWJC No.8553 of 2018(2) dt.07-05-2018 3/3 L.P.A. Bench in L.P.A. No. 756 of 2015 dated 16.08.2017. In view of the above, the writ application is disposed of with a direction to respondent nos. 8, 9 10 i.e. the District Programme Officers (Establishment), Saran, Muzaffarpur and Samastipur to examine the case of the petitioners in the light of the decision of this Court as indicated hereinabove within a maximum period of 60 days from the date of receipt/production of a copy of this order and extend the same benefit to the petitioners if it is found covered by the decision in L.P.A. in view of the litigation policy of the State Government. (Anil Kumar Upadhyay, J) Ravi/- U